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Chapter 11 - Discipline

11.6 - Duty to Report

A practitioner who practices before the Board, the immigration courts, or DHS and, if applicable, the authorized officer of each recognized organization with which a practitioner is affiliated, has an affirmative duty to report whenever the practitioner:

  • has been found guilty of, or pled guilty or nolo contendere to, a serious crime (as defined in 8 C.F.R. § 1003.102(h)), or
  • has been suspended or disbarred, or has resigned with an admission of misconduct, or has resigned while a disciplinary investigation or proceeding is pending

8 C.F.R. § 1003.103(c).  The practitioner and, if applicable, the authorized official of each recognized organization must report the misconduct, criminal conviction, or discipline to the EOIR Disciplinary Counsel within 30 days of the issuance of the relevant initial order.  The practitioner also must report the misconduct, criminal conviction, or discipline to the DHS Disciplinary Counsel within 30 days of issuance of the relevant initial order.  8 C.F.R. § 292.3(c)(4).  The duty to report applies even if an appeal of the conviction or discipline is pending.  The EOIR Disciplinary Counsel may be reached at the mailing and email address listed above